Can they be laid off during the next vacation? Can they be laid off while on vacation?

In our organization, an employee went on maternity leave, then went on a second one without leaving the first one. Currently her second child is 1 year 3 months old. Due to the decreased volume of work, the organization does not currently need this position. Is it possible to reduce it? or at least transfer from full-time to part-time? Should we offer her another position? and if so, which one? (in this specialty or can it be any?

— restrictions on the dismissal of an employee who is on parental leave are established in the legislation only for dismissal at the initiative of the employer (Part.

Is it possible to take leave during a layoff?

Many people ask the question: is it possible to take leave when staffing is reduced? People also often wonder if there are any restrictions on vacations that have not been used. To answer these questions, you need to look at the law. Russian Federation.

There are no restrictions that prevent you from using your vacation for all previous years of work.

Question 6

Question. Do we have the right to reduce a position if the employee has a 2nd group disability? He is currently on vacation. Can an employer notify a layoff if the employee is on vacation?

The current legislation does not contain a ban on the reduction of a disabled person, nor do they contain a preferential right to remain at work (the preferential right to remain at work with equal qualifications and productivity is enjoyed by persons who have received work injury or occupational disease during the period of work for this employer, as well as disabled people of the Great Patriotic War and disabled combatants in defense of the Fatherland - Article 179 of the Labor Code of the Russian Federation).

Question: An employee of an organization is on annual paid leave. While the employee was on vacation, the employer decided to reduce the number of employees, and this employee is subject to reduction. How must the employer notify the employee and from what date does the two-month period begin to run (about which the employee must be notified upon dismissal)? (Expert consultation, 2010)

Question: An employee of an organization is on annual paid leave. While the employee was on vacation, the employer decided to reduce the number of employees, and this person is subject to reduction. How must the employer notify the employee and from what date does the two-month period begin to run (about which the employee must be notified upon dismissal)? (Expert consultation, 2010)

Question: An employee of an organization is on annual paid leave.

Does an employer have the right to lay off an employee who is on sick leave?

Article 81 of the Labor Code of the Russian Federation states in the very last paragraph that the dismissal of an employee at the initiative of the employer is not allowed (except in the case of liquidation of the organization or termination of activities individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.

If you are fired, immediately contact the labor inspectorate and the court, and do not forget the deadlines for filing applications, that if the dispute is about dismissal, you have a month’s deadline.

How to lay off an employee on parental leave?

Labor legislation provides for the possibility of dismissing employees at the initiative of the employer at almost any time if for any justified reason the employer has to reduce the number of staff or job units. Is it possible to lay off an employee while on parental leave? Let's try to find the answer to this question.

The eighty-first article of the Labor Code gives the employer the right to terminate employment contract on your own initiative.

The employer can make a decision to reduce the number or staff at any time. But what to do if the employee is on vacation at this time. Is it possible to notify him and lay him off? In the article is it possible to make a layoff while on vacation?

What is an abbreviation?

Important! Reduction is one of the types of dismissal of an employee at the initiative of the employer (81 Labor Code of the Russian Federation).

Conditions for reduction

It is important for an employer who has decided to make redundancies in a company to comply with certain conditions:

Notify employees. Employees must be notified about layoffs in advance - no later than 2 months in advance. To do this, each employee who has been laid off must be given a notice. It is compiled in free written form.
Notify the employment service and the trade union. It is necessary to notify both the employment service and the trade union that the company plans to make layoffs. The trade union body must respond by providing its opinion on the reduction. If such an opinion is not received within 7 days, the employer has the right not to take it into account.
Offer employees a different position. When laying off employees, the employer should especially take into account those employees who cannot be laid off under the Labor Code. Retrenched employees should also be offered another vacant position in the company, and such a position may not correspond to his qualifications. In case of refusal of the position, the employee is fired.

The procedure for laying off employees

After notifying employees and other authorities, the employer issues a layoff order. The order indicates the reasons for the reduction, the positions being reduced, indicating the number of staff units, the date of dismissal, as well as the persons responsible.

Important! When laying off workers, they are paid compensation for the vacation they did not take, their due salary, as well as other payments due upon layoff.

You can terminate a contract with an employee before two month period. This can be done by agreement with the employee in writing. In this case, the employee will need to receive compensation in addition to other payments. The compensation will be equal to the average salary for all days from the date of termination of the contract until the end of the two-month period.

Termination earlier than two months is also possible with the following employees:

With whom the contract was concluded for a period of less than 2 months. Such employees can be notified 3 days in advance (292 Labor Code of the Russian Federation);
Seasonal workers are notified 7 days before dismissal (296 Labor Code of the Russian Federation).

Retrenchment of an employee during vacation

Important! An employee can only be dismissed while on vacation on his own initiative. In this case, it is impossible to dismiss at the initiative of the employer (81 Labor Code of the Russian Federation).

Even if the employee was notified in advance in writing about the upcoming layoff, but he went on vacation on the date of dismissal, he cannot be laid off. It would be illegal. The layoff procedure can be carried out only after the employee returns from vacation. It will also not matter what kind of vacation the employee is on; dismissal at the initiative of the employer cannot be for any type of vacation, including:

Annual leave;
Leave without pay;
Maternity leave;
Parental leave;
Study leave.

Notifying an employee on vacation

You cannot lay off an employee while he is on vacation, but you can notify him of the upcoming layoff. To do this, the employee is notified by registered mail. As confirmation that the employee has been notified, there will be a notification from the mail that the letter has been received by the employee. Instead of mail, you can use courier services. In this case, confirmation of receipt of the notification will be the employee’s signature on the courier’s receipt.

Important! An employee on vacation is considered to have been properly notified of the upcoming layoff if the employer has supporting documents confirming that the notice was delivered to him (a receipt from a courier or mail).

If the employee does not receive the notice, it can be given to him only after he returns to work. When drawing up the notice, the employer must already indicate that if the employee is on vacation or sick leave at the time of layoff, he will be laid off on the first day of work after sick leave or the end of vacation.

If the employee refuses to receive notice

There are also situations when an employee deliberately refuses to receive a notification from a courier or by mail. In this case, the employer has no choice but to wait for the employee to return from vacation. If, upon returning to work, the employee does not want to sign for receipt of the notification, the employer must draw up a statement of refusal to sign. It is drawn up with at least two witnesses. This act will confirm that the employee has been notified of the upcoming dismissal.

Retrenchment during study leave

It is prohibited to lay off an employee during vacation, even if this vacation is for training. You can fire him only upon returning from vacation. However, if the start date of the vacation occurs after the official day of layoff, then such an employee can be dismissed along with all other employees who were laid off.

Let's look at an example. The employee was duly notified of the upcoming layoff. After that, he brings a certificate from the place of study about a call to defend his diploma for 3 months. Study leave in this case falls on the date of reduction. What should an employer do? Is the employee's vacation time required or can it be reduced? As with any other type of leave, layoffs are prohibited during study leave. The employer will have to wait for the employee to return from study leave(26 Labor Code of the Russian Federation). If the employee’s call letter contains the start date of study leave after official date reductions, then you can fire the employee along with everyone else.

Retrenchment after maternity leave

Conclusions

Thus, it is prohibited to carry out the procedure for laying off employees while they are on any vacation. The employer has the right only to notify the employee of the upcoming layoff while he is on vacation. If dismissal is inevitable, then it can only be formalized by signing an agreement with the employee on termination of the employment contract (78 Labor Code of the Russian Federation). In this case, the employee is offered acceptable monetary compensation and the dismissal procedure is legal.

It happens that during maternity leave or parental leave, an employee’s position was reduced. Let’s figure out how the employer should act in this case so as not to violate the law and the rights of the employee.

Labor legislation prohibits the dismissal of women on maternity leave, as well as workers on maternity leave before the child reaches the age of three (hereinafter referred to as maternity leave and child care leave).

It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary disability and while on vacation *(1).

During the period of parental leave, the employee retains his place of work (position)*(2).
Thus, the employer does not have the right not only to dismiss an employee who is on maternity leave or child care leave due to staff reduction, but also to reduce the position of such an employee.

Notes in the margins. When reducing the number or staff of an organization, the employer does not have the right to reduce the position of an employee who is on maternity leave or parental leave before the child reaches the age of three without the written consent of the employee.

What to do if the positions of employees on maternity leave or parental leave are subject to reduction? How to protect the interests of the employer and not break the law?

Procedure for job reduction

It is impossible to dismiss an employee who is on maternity leave or child care leave on the basis of a reduction in the number or staff of the organization *(3). What to do if the organization is downsizing?

The procedure established by law for reducing the number (staff) of employees provides for mandatory notification of employees about the upcoming reduction of position and dismissal at least two months before dismissal, notification of the upcoming dismissal to the elected body of the primary trade union organization, to the employment service.

However, the law does not establish restrictions on maximum period notifications to employees.
At the same time, courts differently resolve the issue of the admissibility of advance notification to an employee of an upcoming dismissal due to staff reduction.

Thus, some courts recognize the legality of the dismissal of an employee upon termination of parental leave and the child reaching the age of three, taking into account the notification sent to the employee twice in advance: two years and two months before dismissal *(4).

Others insist that the message about the upcoming dismissal refers to the dismissal procedure that has begun due to staff reduction, but such a message cannot be made during a period of temporary disability, during vacation, during maternity leave, as well as to women with children under the age of three years*(5).

Therefore, when deciding when to notify an employee about the reduction of his position after the child reaches the age of three, the employer must take into account the lack of uniformity judicial practice on this issue.

At the same time, taking into account the requirements of the law on the inadmissibility of terminating an employment contract due to staff reduction with a woman who has a child under three years of age * (6), guarantees of maintaining her position during the vacation period and the woman’s right to return to work after the end of the vacation, the most correct the employee will be dismissed due to a reduction in position two months after his return to work when the child reaches the age of three and receives notice of the upcoming dismissal.

Thus, at the time of the start of staff reduction measures, an employee who is on maternity leave or parental leave can be notified of the reduction of position when his child reaches the age of three years. In this case, it is necessary to offer existing vacant positions. Such a notice must be given to the employee against signature.

Several options for the development of events are possible. After receiving notice of a job reduction, an employee may ignore the offer to fill the vacant position or accept another position.

If an employee agrees to take a vacant position, it is necessary to draw up an additional agreement to the employment contract on changing the terms of the employment contract: the name of the employee’s position, terms of remuneration, etc., and also include it in work book record of transfer to another job (position) with the previous employer. After the end of the vacation, the employee begins work in a new position.

Notes in the margins. When reducing a position, the employer must offer the employee a transfer to another position at the end of maternity leave or child care leave. This transfer is carried out only with the written consent of the employee. In this case, an additional agreement must be drawn up to the employment contract.

If an employee does not agree to move to one of the proposed positions, he cannot be forced to do so. We recommend that on the day the employee returns from vacation, notify him against signature that his position will be reduced in two months and offer the vacant positions available at that time to the employer.

Please note: it is better to receive an employee’s refusal of offered vacancies in writing, especially if the employee is offered only one vacancy. Since in the event of a dispute, the absence of evidence of the employee’s refusal of the offered positions may be regarded by the court as confirmation of the employee’s consent to take the proposed position *(7).

Notes in the margins. The employee’s refusal of the offered vacancies must be formalized in writing. Since in the event of a dispute, the absence of evidence of the employee’s refusal of the proposed positions may be regarded by the court as confirmation of the employee’s consent to take the proposed position.

It must be borne in mind that an employee on maternity leave or parental leave may not live at an address known to the employer or may not receive correspondence. Therefore, if it was not possible to hand over a notice to such an employee against signature, the procedure for notifying about the reduction of position should be postponed until the employee returns to work. On the day he returns to work after the end of parental leave, the employee should be notified of his upcoming dismissal in two months due to a reduction in position. In this case, be sure to offer those available on at the moment vacancies. If the employee does not agree to dismissal before the expiration of the notice period, the employer is obliged to provide the employee returning from leave with work in his job function (position) for the next two months.

It is worth noting that all guarantees established by law in relation to an employee on maternity leave or parental leave apply to both main employees and part-time workers *(8).

Transfer of an employee to another position

Employers often exclude staffing table positions occupied by employees on maternity leave or parental leave, considering that if the employee has not been fired, then the requirements of the law have been met. This approach is erroneous and can lead not only to conflict with the employee when he returns to work after the end of his vacation, but also lead to administrative responsibility officials for violation of labor laws * (9).

Employees have the right to return to work under the same conditions by interrupting their vacation early, or when the child reaches the age of three. This means that the place of work, position, payment terms and other terms of the employment contract must remain the same and cannot be changed by the employer unilaterally.

Sometimes in practice there is an opinion that if an employee’s position was reduced while he was on maternity or child care leave, then after the employee returns to work he may be offered a transfer to another position on the basis of Article 74 Labor Code (at the initiative of the employer in connection with a change in the terms of the employment contract determined by the parties). Moreover, if an employee refuses to work under the new conditions, he may be fired. And the reason for dismissal in this situation will be the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties * (10).

We cannot agree with this point of view.

According to Part 1 of Article 74 of the Labor Code, it is allowed to change the terms of the employment contract determined by the parties at the initiative of the employer, with the exception of changes in the employee’s labor function.
Labor function - work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of assigned work*(11).

Thus, if an employee does not agree with the employer’s proposal to continue working in another position (perform another labor function) after the end of maternity leave, parental leave, it is impossible to dismiss such an employee on the basis of refusal to continue working *(12). Such dismissal will be declared illegal by the court.

As we indicated above, in the event of a reduction in an employee’s position, the employer may offer the employee a transfer to another position at the end of maternity leave or child care leave. Such a transfer is possible only with the written consent of the employee with the execution of an additional agreement to the employment contract *(13). At the same time, the new job should not be contraindicated for the employee due to health reasons.

Reorganization

As a general rule, a change in the owner of an organization’s property, a change in its jurisdiction (subordination), reorganization (merger, accession, division, spin-off, transformation) cannot be grounds for terminating an employment contract with the organization’s employees * (14). That is, the terms of the employment contract with the employee remain the same, despite the fact that the owner of the property has changed or a reorganization has occurred.

The law does not require notifying employees about the reorganization. However, we recommend informing employees about the upcoming reorganization or change of owner of the organization’s property, since employees have the right to refuse to continue working for the new owner of the property or in the reorganized organization. To be able to exercise their rights, employees must be informed of the changes. In this case, the name of the employer often changes, which must be reflected both in the employee’s work record book and in the employment contract.

Employees on maternity leave or parental leave should also be informed of the upcoming changes.

Reorganization of a company or change of ownership of its property does not entail the termination of payments or changes in the amount of assigned benefits, employment contracts with employees or changes in their conditions (except for the name of the employer).

In cases of a change in the owner of an organization, it is directly established that a reduction in the number or staff of employees is allowed only after state registration transfer of ownership*(15).
When reorganizing or changing its jurisdiction, there is always a successor to its obligations, including in relation to employees.

Reorganization by affiliation means that one organization merges with another. Moreover, from the moment of state registration of the termination of the activities of the affiliated organization, all its employees become employees of the affiliated organization. Records of changes in the name of the employer in connection with reorganization in the form of affiliation are entered into the work books of such employees.

Additional agreements to employment contracts on changing the name of the employer are signed with employees. Only from this moment can procedures for change begin organizational structure organizations, including staff reductions, in compliance with the procedure established by law. At the same time, the positions of employees on maternity leave or child care leave cannot be reduced, and such employees cannot be dismissed on the basis of a reduction in the number or staff of the organization * (16). Without their written consent, they cannot be transferred to other positions.
In the event of a merger of several organizations into one, employees on maternity leave or child care leave become employees of the newly formed organization. Their positions cannot be excluded from the new staffing table of such an organization.

In case of separation of one or more organizations from the organization, employees on maternity leave or child care leave cannot be transferred to the staff new organization without their written consent, their positions cannot be changed by the employer unilaterally.
Thus, when carrying out measures to reduce the number or staff of an organization, the employer cannot reduce the position of an employee who is on maternity leave or parental leave until he reaches the age of three years without the written consent of the employee.

If the employee agrees to take another position, an additional agreement is concluded with him to the employment contract on changing the position (job function).

If the employee has not given his written consent to engage in the work offered to him vacant position, after termination of parental leave upon reaching the age of three years, the employee should be notified of the upcoming dismissal due to staff reduction in two months. He also needs to offer available vacancies and comply with other procedures established by law for reducing the number or staff of employees.

There are several options why an employee requires leave during the period of notice of layoff, it could be:

Planned vacation.
Premature vacation.

The state provides different standards regarding leave, depending on the reasons.

Planned vacation

According to the approved vacation schedule, there must be a line of employees behind them, in accordance with Article 123 of the Labor Code. Thus, if an employee resigns before the start of his scheduled vacation, his right must be fully realized in accordance with Article 127 of the Labor Code of the Russian Federation. That is, the boss is obliged to either provide planned leave, and then fire the employee, or pay him monetary compensation and fire him.

If, nevertheless, they decide to grant the employee his well-deserved leave, then it can be calculated on the same day. However, according to the law, there must be a record in the work book that the employee was paid on the day he returned from vacation. This must be confirmed in a written statement by the employee and with the permission of the supervisor.

It should be noted that the employer has the right to refuse to provide an employee with full leave with further dismissal if the employee is subject to dismissal under the article “For guilty actions”.

Leave due to illness or temporary disability.

Many employers are wondering: is it possible to warn an employee about layoffs while he is on vacation? According to Article 180, part two of the Labor Code of the Russian Federation, employees are warned by their boss about the upcoming dismissal due to staff reduction, against signature, two months before the mass dismissal.

At the same time, the Russian Ministry of Health and Social Development believes that an employee may be notified of dismissal due to staff reduction during vacation or during a period of temporary incapacity. But it should be noted that such an employee is not required to appear to receive notice of the upcoming layoff.

How to notify an employee about layoffs if he is on vacation? The employer must send the notice by mail. In this case, the boss must play it safe and send the letter with delivery against signature in order to have information about receipt. Only in this case will the employee be considered notified of the upcoming dismissal.

The requirements of the second part of Article 180 of the Labor Code are considered fulfilled if the employee:

wrote a statement indicating that he had been warned of dismissal;
signed a copy of the notice served to him;
signed a special document reflecting the fact of delivery of notifications to employees.

If the employee refuses to receive it during personal delivery of the notice of impending dismissal, the document may be read to him. If an employee refuses to sign or receive a notification document, the boss is required to draw up a special act.

According to Part 6 of Article 81 of the Labor Code of the Russian Federation, it is prohibited to dismiss an employee on the initiative of the boss during the period of his incapacity for work. Therefore, the day of dismissal cannot fall on sick leave or temporary disability. Termination of the employment contract must be made after the end of the vacation.

Premature leave

Leave with further dismissal is granted to the employee in accordance with the time worked in that year.

That is, if an employee has worked for six months, and his annual vacation is 30 calendar days, then by law he is entitled to only 15 days of vacation pay. The employee does not have the right to premature leave of full duration.

Again, if the boss refuses to grant premature leave with subsequent dismissal, the employee’s right to paid leave must be exercised by paying the appropriate amount as compensation.

Based on this, only the boss has the right to decide whether to grant leave to an employee who has been laid off or to compensate him in cash. These actions are legal according to the decision of the Constitutional Court of the Russian Federation No. 29 of 02/05/2004. In accordance with Article 127 of the Labor Code, the boss is obliged to make his own decision regarding the implementation of unpaid vacations.

According to general rules, the employee does not have the right to demand paid leave from the boss during the period of notice of impending dismissal. The exception is cases where such a right is enshrined in industry agreement adopted by the organization in the collective agreement.

Thus, the decision to grant leave during the period of notice of impending dismissal can be spelled out in the employment contract, which should be relied upon. The Labor Code of the Russian Federation has clear instructions for each specific case; the main thing is to know your rights and be able to protect them.

Is it possible to fire a person on vacation at the initiative of the employer or the employee himself? What nuances are there? Russian legislation on this matter clearly states that to stop labor relations The employer cannot deal with the employee during this period, so the employee has nothing to fear. This rule applies not only to main leave, but also maternity and additional leave. It should be borne in mind that the employee himself can resign at any time, having prepared everything necessary documents.

Dismissal of an employee

According to the Labor Code of the Russian Federation, an employer cannot fire a person during vacation. This can only be done after he returns from this vacation. Here you cannot even use reasons such as professional incompetence or violation of discipline. However, there are grounds on which you can still fire an employee:

A written agreement was reached between the two parties (employee and employer). By agreement, the company and the employee are ready to terminate the employment contract without any claims against each other;
The company where the person worked completely ceased its activities or went bankrupt.
The employee himself decided to submit his resignation.

An employee has the right to quit at any time, regardless of when the vacation began and when it ends. It also does not take into account what stage his work is at and whether it is completed. The employer does not have the right to refuse dismissal under any circumstances if the procedure is carried out correctly and all necessary documents are prepared. In the event that there are any differences between the parties unresolved issues, the case may be sent to court. Such cases happen very often if an employee has not fulfilled his financial obligations and after his departure, for example, a shortage was discovered.

If an enterprise closes for any reason, dismissal can only be made with prior warning. Employees must receive at least one calendar month's notice in this regard. The period can be reduced only if a forced bankruptcy procedure is carried out; it must already have been carried out at the time of notification. All these nuances are entered into the work book. However, this only happens if the company is completely liquidated and not simply transferred its assets to another company. Sometimes it happens that unscrupulous employers simply deceive their employees.

Read also The procedure and features of dividing vacation into parts

Dismissal at your own request

As it has already turned out, it is impossible to fire an employee who is on vacation, but the employee himself can resign of his own free will at any time. Dismissal of an employee at his own request is possible if:

The man wrote a statement while he was already on vacation. You can do this both on the first day of your vacation and on the last. There are no restrictions in the Labor Code of the Russian Federation;
The employee asked for leave and immediately submitted his letter of resignation, that is, he did it at the same time.

It is worth considering that the dismissal procedures are slightly different in these two situations. If the application is signed while on vacation, the employee in some cases may no longer go to work. After the vacation ends, you must receive a signed order and wages.

Important! If the vacation lasts more than a month, then you will no longer have to return to work. If the vacation, for example, lasts a week, then you will need to work another week, because according to the law, you must give notice of your departure 14 days in advance.

An employee can ask his employer to grant him leave and fire him on the spot. In this situation, the day of termination of the contract will be considered not when the vacation ended, but when it began. That is, it is this date that is recorded in the work book and it is on this day that the employee is paid a salary.

Maternity leave

Many women worry that they may lose their jobs during maternity leave, because no one wants to look for new job with a small child. There is no need to panic here, since the law protects the woman in this case. Dismissal of an employee is possible only upon his at will, but not at the initiative of the employer. A woman can write a statement herself during her maternity leave and no longer go to work. In some cases, employers take advantage of this and try to force the employee to quit. Sometimes such situations reach the courts.

In order to resign during maternity leave, you must obtain a written agreement with the company where the employee works, or send your resignation letter to the employer by mail. It is worth noting here that being in maternity leave completely relieves the employee of the need to work the required two-week period.

Read also Order correct calculation maternity leave start dates

Submission of documents

If a person decides to quit his job during his vacation, he needs to know some nuances. The resignation letter is sent to the physical address of the company. Sometimes it happens that the actual address of the enterprise and the physical one do not match. To be on the safe side, you should send the letter in duplicate to each address, then it will definitely reach where it is needed. You should also ensure that the employee receives a report indicating that the letter was received. In this way, you can avoid deception, because the employer can say that he simply did not receive anything.

By the way, the employer does not have to sign the application. You just need to put a date stamp on the employee’s copy. This is done in mandatory, because the period of 14 days is counted from that very date. If it is not marked, then this action may be considered a violation of the Labor Code of the Russian Federation. This nuance must be taken especially carefully.

IN labor code it is clearly stated that the employee can terminate the contract with the company in which he works at any time, and the employer cannot refuse him. The only condition is that you must give notice of your departure two weeks in advance. Under no circumstances may an employer retain an employee in the workplace. He must give him all work documents, as well as the required wages, without any delays.

There is no need to be afraid that you will be refused a job while you are on vacation. This is the legal right of any employee, and is controlled by the Labor Code of the Russian Federation.

Dismissal without work

In some cases, the employer may exempt the employee from working hours, which is equal to 14 days. It is possible that the two parties will simply agree with each other, but there are also nuances that are spelled out directly in the labor code. The two-week work period is canceled in the following cases:

Retirement;
Admission to study at a university, technical school or college;
Violations of an employment contract by an enterprise.

If there was a violation, then it must be confirmed through a court or after an examination by a special inspection. The fact that an employee simply does not agree with the decision of his superiors is not considered a violation. Some cases, by the way, are considered in individually. Sometimes you can count on early dismissal due to the illness of close relatives or an urgent move to another city.